Achhan Khan vs The State Of U.P And Anr.
2019 Latest Caselaw 6380 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 

 
Case :- U/S 482/378/407 No. - 5822 of 2014
 

 
Applicant :- Achhan Khan
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Farooq Ayoob,Narendra Gupta
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

The present application under Section 482 Cr.P.C., has been filed for quashing of the order dated 15.09.2014, passed in case No. 3091/2014, crime No. 2819/2011, under Section 419/420 I.PC. Police Station Kotwali Sadar, District Kheri.

The contention of the counsel for the petitioner is that no offence against the petitioner is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

The disputed defence of the accused cannot be considered at this stage. Moreover, the petitioner has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

After hearing the learned counsel for the parties and after perusing the averments made in the present petition, the prayer for quashing the proceedings of the aforementioned case is refused.

At this stage, learned counsel for the petitioner submits that he may be permitted to move an application for discharge and the same may be decided by the trial court in a time bound manner.

However, it is provided that in case, the petitioner moves an appropriate application for discharge through counsel before the concerned Court below within a period of fifteen days from today, the same shall be considered and disposed off as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of four months, thereafter. For a period of four months from today or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.

In case no such application is filed within a period of fifteen days from today, as prescribed above, the present order shall stand automatically vacated.

With the aforesaid directions, this application is finally disposed off.

Order Date :- 1.8.2019

R.C.